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Custom Recordal of IPRs in Poland

Poland

Custom Recordal of IPRs
Yes
Yes
Yes
As of 1st January 2014, the system of Custom Recordal operates, as in the other EU member states, on the basis of the new EU Customs Regulation (608/2013).
Custom Recordal of IPRs is effective both on the import and export of goods.
The Customs may suspend or detain suspected infringing goods at the border; these actions are undertaken by the Customs at the request of an interested party or ex officio. Also, where there is a small consignment, which is lesser than 02 kilograms, the Customs are responsible for the destruction of goods.
The Customs may suspend or detain suspected infringing goods at the border; these actions are undertaken by the Customs at the request of an interested party or ex officio. Actions undertaken at the request of an interested party are based on an application for action filed with the Customs Chamber in Warsaw. The application for action must be made out on a new form constituting an attachment to the EU Customs Implementation Regulation.
The new EU Customs Regulation requires an application for action to contain more specific data on authentic goods than previously specified. The rights holders must provide the Customs with specific information as requested in the form; otherwise, the application will be rejected. Additional information concerning the infringing goods may also be attached, such as photographs, technical specifications, distinctive features, the place of production, and any other information that may help the Customs to identify the counterfeits.
No
10 days
Yes, it is centralized.
No
There are no official application fees.
An application for action affords protection for 01 year. However, it can be extended for an additional year by filing a request for extension of protection in no less than 30 working days before the expiry of the protection term. There are no official fees for extension. The request must be made out on a form constituting an attachment to the EU Customs Implementation Regulation.
Yes
The Customs may suspend the clearance of the goods on suspecting that the goods are infringing in nature.
The applicant has to bear the cost of destruction.
Yes
Yes
Yes
Within a span of 10 days the IP rights holder needs to confirm whether the goods are counterfeit or original after suspension.
No
No
N/A
The customs authorities shall notify the declarant or the holder of the goods of the suspension of the release of the goods or the detention of the goods within 01 working day of that suspension or detention. Where the customs authorities opt to notify the holder of the goods and two or more persons are considered to be the holder of the goods, the customs authorities shall not be obliged to notify more than one of those persons. The customs authorities may take samples that are the representative of the goods.
If the importer does not respond to the request or objects to the destruction, the consignment will be released. In such circumstances, it is necessary that the trademark owner brings civil proceedings within 10 days.
It may not be needed if both parties, i.e., the infringer (importer) and the rights holder, agree that the goods are infringing in nature.
None
Other documents as may be demanded by the court may be needed.
The possible remedies awarded by the court include destruction of goods or release of goods.
No